The amended rule also includes additional clarifying language about how to calculate certaindeadlines and about the Court’s ECF procedures.
Other Rules and Forms
An amendment is proposed with respect to
, which governs motions to amend.Under the amended rule, parties must file with a motion to amend both (1) the proposedamended pleading and (2) a redlined version of that pleading, showing how it differs fromthe original pleading.An amendment is proposed with respect to
, the prescribed form for Rule 26(f)reports in non-patent cases. The amendment would require parties to indicate whether theyagree to proceed under the Court’s Rules of Procedure for Expedited Trials. Those rules areavailable on the Court’s website atwww.mnd.uscourts.gov/expedited_trials.shtml.Minor amendments are proposed to two local rules relating to Social Security cases (
). A minor amendment is proposed to
, which governs motions aboutdiscovery disputes.
Rules for Criminal Cases
Sentencing — LR 83.10
The Court proposes to revise Local Rule 83.10 substantially. The proposed revisions weresuggested to the Court’s Federal Practice Committee by members of the United StatesAttorney’s Office, the Federal Defender’s Office, and the United States Probation Office.Under the proposed rule as revised:•
The Probation Office will prepare two presentence reports, one designated“preliminary” and one designated “final.” The rule encourages the government toprovide the Probation Office with materials necessary for the preliminary presentencereport.•
Parties who object to the preliminary presentence report must provide the ProbationOffice with detailed written objections within 14 days of the report’s disclosure. TheProbation Office will then prepare the final presentence report, together with anaddendum discussing the objections that were made to the preliminary report.•
Parties must file their position papers with respect to sentencing within 14 days of thefinal presentence report’s disclosure. All issues a party wishes to raise in connectionwith sentencing, whether the issues relate to the Sentencing Guidelines or to factorsunder 18 U.S.C. § 3553(a), must be addressed in the position paper.•
Parties who seek an evidentiary hearing must request the hearing when they file theirposition papers, and they must provide witness and exhibit lists 5 days before thehearing.•
Parties are permitted to file replies to the other side’s position paper. Such repliesmust be filed no later than 5 business days before the sentencing hearing.